LAW ENFORCEMENT AGREEMENT BETWEEN 

THE NAVAJO NATION AND 

THE ARIZONA DEPARTMENT OF PUBLIC SAFETY 

Section 1 Parties 

This law enforcement agreement (hereinafter “AGREEMENT”) is entered into by and between 

the Navajo Division of Public Safety, Navajo Police Department (hereinafter “NATION”) and the 

Arizona Department of Public Safety (hereinafter "AZ DPS”). The Navajo Nation and State of 

Arizona may also be referenced as Parties or Agencies. 

Section II Purpose 

This AGREEMENT is entered into to provide for the orderly and effective enforcement of the 

criminal and traffic laws of the Navajo Nation and the State of Arizona within Navajo Indian 

Country, as defined in 18 U.S.C. § 1151; to prevent any jurisdiction from becoming a sanctuary 

for violators of the law of another jurisdiction; to prevent inter-jurisdictional flight; and to foster 

greater respect for the laws of each jurisdiction by the more certain application thereof. This 

AGREEMENT is based on mutual respect for and recognition of the inherent sovereignty of the 

Navajo Nation and the State of Arizona and the laws enacted by each sovereign. 

Section III Authorities 

The NATION is duly authorized to enter into this AGREEMENT pursuant to 17 N.N.C. § 102 and 

2 N.N.C. § 1353, as amended. AZ DPS is authorized to enter into this AGREEMENT pursuant to 

A.R.S. § 11-951, et seq., and A.R.S. § 13-3872. 

Section IV Creation of Third Party Rights or Benefits; Use of Agreement as 

Evidence 

This AGREEMENT does not create any substantive or procedural right or benefit, civil or 

criminal, in favor of any person or entity not a party hereto; nor does it create a duty to respond 

not otherwise imposed by applicable law. No part of this AGREEMENT may be used as evidence 

in any court proceeding by any party hereto or any successor, assignee, or subrogee of any party 

hereto unless the entire AGREEMENT is also received into evidence. Failure to follow the 

provisions of the AGREEMENT shall not, of itself, constitute a defense, ground for suppression 

of evidence, or basis for dismissal of any criminal action. 

Section V Territorial Application 

The geographical area covered by this AGREEMENT is co-extensive with the boundaries of the 

Arizona portion of the Navajo Nation and the State of Arizona, provided nothing herein shall limit 

the application of the laws of fresh pursuit to any action undertaken pursuant to this AGREEMENT 

and each Party acting under the authority of this AGREEMENT may engage in fresh pursuit as 

allowed by law. 
 

 

 

 

 

 

Section VI Scope of Powers 

A. Pursuant to this AGREEMENT, the NATION hereby grants AZ DPS officers those powers 

necessary to enforce the criminal and traffic laws of the Navajo Nation, including the powers 

to conduct searches or make arrests for any violations thereof to the full extent as allowed by 

applicable law, hereinafter referred to as “mutual aid law enforcement certification.” 

B. The Parties to this AGREEMENT recognize and acknowledge that NATION officers are 

certified through Arizona Peace Officer Standards and Training, and thereby independently 

“possess and exercise all law enforcement powers of peace officers” in the State of Arizona, 

see A.R.S. § 13-3874. Nothing in this AGREEMENT diminishes such authority. 

Section VII Application for Certification 

A. The Director of AZ DPS, or his or her designee, shall complete and submit the NATION’s 

Peace Officer Commission Card form (Exhibit 1) for each AZ DPS officer who is qualified for 

a mutual aid law enforcement certification. An AZ DPS officer is qualified if he or she 

completes the required training pursuant to Subsection B, satisfactorily meets all requirements 

on the Peace Officer Commission Card form, and the Director of DPS, or his or her designee, 

submits a statement of qualifications that includes certification of a satisfactory background 

check conducted within the last five years of the date of the application and copies of a 

currently valid State of Arizona driver’s license and a valid Arizona Department of Public 

Safety law enforcement certification card for each applicant. 

B. AZ DPS officers shall complete a 16-hour training course at the NATION’s police academy, 

or at such other location agreed upon by the Parties, prior to receiving a mutual aid law 

enforcement certification by the NATION. 

C. The NATION shall, without undue delay, certify each applicant upon determining that the 

applicant is qualified for mutual aid law enforcement certification. No applicant shall be denied 

a mutual aid law enforcement certification on the basis of race, creed, sex, or color. 

D. An AZ DPS officer shall remain commissioned under this AGREEMENT unless and until he 

or she resigns his or her employment as an AZ DPS officer. AZ DPS shall timely notify the 

NATION of such resignation, and AZ DPS shall return the AZ DPS officer’s Navajo mutual 

law enforcement certification card within ten (10) calendar days of the date of resignation to 

the official and address shown in Section XXI. 

E. AZ DPS agrees to timely notify the NATION if an AZ DPS officer who holds a Navajo mutual 

aid law enforcement certification under this AGREEMENT is being considered for termination 

from AZ DPS employment or has been charged with or convicted of a felony or misdemeanor. 

F. The NATION may, at any time, suspect or revoke any mutual aid law enforcement certification 

issued pursuant to this AGREEMENT for reasons solely within the NATION’s discretion. The 

NATION shall notify, in writing, the official and address shown in Section XXI of the 
 

 

 

 

 

suspension or revocation of any certified AZ DPS officer. AZ DPS shall return the officer’s 

Navajo mutual law enforcement certification card within ten (10) calendar days of the date of 

the suspension or revocation to the official and address shown in Section XXI. 

Section VIII Arrest and Custody Procedures 

A. Indian suspects arrested within the NATION’s territorial jurisdiction by any certified AZ DPS 

officer pursuant to this AGREEMENT shall be immediately taken to the appropriate and 

nearest NATION detention facility for booking except if the appropriate and nearest NATION 

detention facility is Shiprock, New Mexico. In this case, an AZ DPS officer shall transfer the 

Indian suspect to a NATION officer who will transport the suspect to THE Shiprock de tension 

facility for booking. 

B. Non-Indian suspects arrested by NATION officers pursuant to this AGREEMENT shall be 

taken to the appropriate County detention facility for booking in the County in which the arrest 

occurs. 

C. A NATION officer who arrests any non-Indian shall inform the arrestee of his or her rights as 

required by federal law. 

D. A certified AZ DPS officer who arrests any Indian within the NATION’s territorial jurisdiction 

under any provision of the NATION’s criminal laws shall inform the arrestee of his or her 

rights relating to criminal law under the Navajo Bill of Rights. 

E. A certified AZ DPS officer who, if authorized by the Bureau of Indian Affairs (“BIA”) to 

enforce federal law, arrests any Indian within the NATION’s territorial jurisdiction for any 

offense under 18 U.S.C. § 1152 or 1153, or any other applicable federal criminal law, shall 

inform the arrestee of his or her rights as required by federal law. If the AZ DPS officer is not 

federally commissioned by the BIA, he or she shall hold the suspect until a federally 

commissioned NATION officer or other federally commissioned officer may inform the 

suspect of his or her rights as required by federal law. 

F. In the event an arrest is made, or could be made, under 18 U.S.C. § 1152 or 1153 or for any 

federal felony within the NATION’s territorial jurisdiction: 

1. by a federally commissioned NATION officer, that officer shall immediately notify a 

NATION Criminal Investigator or FBI Agent who will the proceed with the case; or 

2. by an AZ DPS officer only if federally commissioned, he or she shall immediately notify 

a NATION Criminal Investigator or FBI Agent who will then proceed with the case. 

G. A certified AZ DPS officer who arrests any Indian within the NATION’s territorial jurisdiction 

shall notify the NATION’s police dispatcher, via police radio, of the arrest, obtain a report 

number, prepare and submit a complete and accurate NATION arrest/booking report, submit 

the arrest report to the proper NATION police district immediately for processing, forward 
 

 

 

 

 

 

 

 

 

said information and documents to the proper NATION Prosecutor’s Office, and shall honor 

any Navajo district court subpoena and summons relating to the arrest. 

H. A NATION officer who arrests a non-Indian pursuant to this AGREEMENT shall notify the 

nearest sheriff’s dispatcher, via police radio, of the arrest, obtain a report number, prepare and 

submit a complete and accurate sheriff’s arrest/booking report, submit the arrest report to the 

nearest sheriff’s facility immediately for processing, forward said information and documents 

to that county’s district attorney, and shall honor any county or magistrate court subpoena and 

summons relating to the arrest. 

Section IX Investigations 

All investigations, including searches and seizures, conducted within the applicable territory of 

this AGREEMENT shall be conducted pursuant to applicable Navajo, Arizona and /or federal law. 

Section X Forfeitures 

If, as a result of any investigation with the NATION’s territorial jurisdiction in which the NATION 

and AZ DPS participate together and any tangible items of contraband, including money, are 

seized from an Indian or non-Indian pursuant to the criminal laws of the Navajo Nation or the State 

of Arizona, the NATION and AZ DPS shall share in the distribution of any and all items not 

otherwise legally destroyed or money forfeited as a result of said investigation. Shares and 

proceeds from the sale of any and all items, including money, will be distributed based on 

applicable law and the relative contributions of the participating Agencies. Relative contributions 

will be cooperatively evaluated and determined by participating Agency heads or their authorized 

delegates. 

Section XI Crime Statistics 

The Parties agree that crime statistics arising from arrests and investigations conducted pursuant 

to this AGREEMENT shall be accounted for and maintained by the Agency in whose jurisdiction 

the offense was committed. 

Section XII Extradition 

Any Indian located within the NATION’s territorial jurisdiction who has violated Arizona criminal 

law and who seeks asylum from prosecution by the State of Arizona shall be extradited pursuant 

to 17 N.N.C. §§ 1951 et seq., as may be amended, except if the arrest is as a result of fresh pursuit 

pursuant to Section V of this AGREEMENT. 

Section XIII Citations for Traffic Offenses 

A. A certified AZ DPS officer who effects a stop for a traffic offense within the NATION’s 

territorial jurisdiction on any Indian may issue a written warning or issue a citation into the 

appropriate Navajo district court or effect an arrest where permitted by Navajo law. 
 

 

 

 

 

 

B. A NATION officer who effects a stop for a traffic offense within the State of Arizona but 

outside the NATION’s territorial jurisdiction on any non-Indian may issue a verbal or written 

warning or issue a State of Arizona traffic citation or effect an arrest where permitted by 

Arizona law. 

Section XIV Supervision and Control of NATION Officers and AZ DPS Officers 

NATION officers remain under the ultimate supervision and control of the NATION, but shall 

take direction from the ranking AZ DPS officer when NATION officers are exercising authority 

granted pursuant to this AGREEMENT in assistance of AZ DPS officers outside the NATION’s 

territorial jurisdiction. Certified AZ DPS officers shall remain under the ultimate supervision and 

control of AZ DPS, but shall take direction from the ranking NATION officer when exercising 

authority granted pursuant to this AGREEMENT in assistance of NATION officers. 

Section XV Compensation and Benefits of NATION Officers and AZ DPS Officers 

All NATION officers remain employees of the NATION. The NATION shall remain liable for 

NATION officers’ salaries, workers’ compensation, and civil liabilities. Each NATION officer 

shall be deemed to be performing regular duties for the NATION while performing public safety 

services pursuant to this AGREEMENT. All certified AZ DPS officers remain employees of the 

State of Arizona. The State of Arizona shall remain liable for all AZ DPS officers’ salaries, 

workers’ compensation, and civil liabilities. Each certified AZ DPS officer shall be deemed to be 

performing regular duties for the State of Arizona while performing public safety services pursuant 

to this AGREEMENT. 

Section XVI Dispute Resolution 

In the event of a dispute, claim or controversy (“dispute”) arising out of or related to this 

AGREEMENT, the Parties agree to meet as promptly as possible to informally resolve the dispute 

in good faith. In the event the Parties are unable to reach informal resolution, either Party, or both, 

may notify the other in writing of intent to terminate the AGREEMENT in accordance with Section 

XVIII of this AGREEMENT. 

Section XVII Indemnification 

The NATION shall be liable for all acts or failure to act of its Officers acting within the scope of 

the NATION’s employment. The State of Arizona shall be liable for any and all acts or failure to 

act of certified AZ DPS officers acting within the scope of the State of Arizona’s employment. 

Section XVIII Duration, Modification and Termination of Agreement 

This AGREEMENT is in effect for a period of five (5) years from the date of signing unless 

modified or terminated as described below. Renewals of this AGREEMENT may be made, each 

for a five-year period, with each renewal being completed and approved at least thirty (30) calendar 

days prior to the expiration of the preceding five-year period. Any amendment to this 

AGREEMENT may be adopted by an instrument in writing signed by all Parties to this 

AGREEMENT subject to approval by the appropriate authorities. The NATION or AZ DPS may 
 

 

 

 

terminate this agreement upon written notice of at least thirty (30) calendar days prior to the 

termination date, by certified, return receipt, postal mail. Such written notice shall be forwarded 

to the Director of DPS for the State of Arizona and to the Chief of Police for the NATION. all 

parties are hereby on notice that this contract is subject to cancellation for Conflicts of Interest 

pursuant to A.R.S. § 38-511. 

Section XIX Provisions Required in Contracts with Agencies of the State of Arizona 

Notwithstanding any provision of the AGREEMENT to the contrary, the NATION agrees to abide 

by the following terms and provisions that are required for contracts with AZ DPS, a constituent 

department of the State of Arizona: 

A. The NATION shall retain all data and other records relating to the performance of the 

AGREEMENT for a period of five years after the completion of the AGREEMENT. All 

records shall be subject to inspection and audit by the AZ DPS at reasonable times. Upon 

request, the NATION shall produce a legible copy of any or all such records. 

B. The Parties agree to comply with all applicable state and federal statutes and regulations 

concerning anti-discrimination practices. This contract is governed by Arizona Executive 

Order 2009-09. 

Section XX Sovereign Immunity 

Nothing in this AGREEMENT, or in any future amendments, shall be interpreted, either expressly 

or impliedly, as constituting a waiver of the sovereign immunity of the Navajo Nation or of the 

State of Arizona. 

Section XXI Notices 

All notices and communications required or permitted under this AGREEMENT shall be in writing 

and shall either be delivered in person or sent by certified mail, return receipt requested, to the 

intended recipient at the addresses set forth below (or such other address as a Party may hereafter 

specify in writing): 

NATION: Chief of Police 

 Navajo Police Department 

 P.O. Box 3360 

 Window Rock, AZ 86515-3360 

AZ DPS: Director 

 Arizona Department of Public Safety 

 P.O. Box 6638 

 Phoenix, AZ 85005-6638 

Section XXII Savings Clause 

If any provision of this AGREEMENT is held invalid or unenforceable by any court of competent 

jurisdiction, the remainder shall remain in effect unless terminated as provided herein. 
 

 

 

 

 

 

 

 

 

 

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Section XXIII Entire Agreement 

This AGREEMENT, including any exhibits or other attachments, constitutes the entire terms, 

conditions and understandings of the Parties hereto. There are no representations or provisions 

other than those contained herein. 

Section XXIV Effective Date of Agreement 

This AGREEMENT shall become effective on the date the last signature of the appropriate 

authorities is affixed below. This AGREEMENT may be executed up to four counterparts; each to 

be treated as the original. 

THE NAVAJO NATION: 

Ben Shelly, Navajo Nation President Date 

John Billison, Executive Director 

Navajo Division of Public Safety 

Date 

STATE OF ARIZONA: 

Janice K. Brewer, Governor Date 

Robert Halliday, Director, Department of Public Safety Date 

Approved as to form: 

Arizona Attorney General’s Office Date